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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the possession or smoking of a burning |
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tobacco product in certain motor vehicles in which a person younger |
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than 16 is present; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 48, Penal Code, is amended by adding |
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Section 48.011 to read as follows: |
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Sec. 48.011. POSSESSION OR SMOKING OF TOBACCO IN MOTOR |
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VEHICLE If CHILD PRESENT. (a) In this section, "motor vehicle," |
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"moped," and "motorcycle" have the meanings assigned by Section |
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502.001, Transportation Code. |
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(b) A person who is 18 years of age or older commits an |
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offense if: |
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(1) the person: |
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(A) is an occupant of a motor vehicle other than a |
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moped or motorcycle; and |
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(B) possesses or smokes a burning tobacco |
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product; and |
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(2) a person who is younger than 16 years of age is |
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present in the vehicle. |
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(c) A peace officer may not stop or detain a person who is |
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the operator or an occupant of a motor vehicle for the sole purpose |
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of determining whether an offense under this section is being or has |
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been committed. |
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(d) An offense under this section is a misdemeanor |
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punishable by a fine of $50. |
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SECTION 2. (a) An offense under Section 48.011, Penal Code, |
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as added by this Act may be prosecuted only if the offense occurs on |
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or after September 1, 2010. |
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(b) For conduct constituting an offense under Section |
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48.011, Penal Code, as added by this Act, before September 1, 2010, |
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a peace officer: |
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(1) may not arrest or issue a citation or notice to |
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appear to a person; and |
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(2) may only issue to the person a written warning to |
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comply with that section. |
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SECTION 3. This Act takes effect September 1, 2009. |